HomeMy WebLinkAbout162 - 11/04/1997 - GRANTING EASEMENTS TO SOUTH FORT COLLINS SANITATION DISTRICT AND HUNTINGTON HILLS, LLC OF COLORADO, ORDINANCE NO. 162, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
GRANTING A NON-EXCLUSIVE SEWER LINE EASEMENT TO
SOUTH FORT COLLINS SANITATION DISTRICT AND
RELATED TEMPORARY CONSTRUCTION EASEMENT TO
HUNTINGTON HILLS, L.L.C. OF COLORADO AT SOUTHRIDGE
GOLF COURSE AND FOSSIL CREEK COMMUNITY PARK
WHEREAS, the City of Fort Collins is the owner of that parcel of real property located in
the city, known as SouthRidge Golf Course, and the City is the owner of that parcel of real property
located in Larimer County, Colorado,known as the future Fossil Creek Community Park(together
referred to below as the "Property"); and
WHEREAS, in order to provide sanitary sewer service to future portions of the Huntington
Hills Planned Unit Development, South Fort Collins Sanitation District wishes to acquire a non-
exclusive sewer line easement,described on the attached Exhibit"A"under and through the Property
(the "Easement"); and
WHEREAS, the Easement has been designed to minimize the impacts on SouthRidge Golf
Course and Fossil Creek Community Park; and
WHEREAS,the developer of Huntington Hills, Huntington Hills, L.L.C., (the"Developer")
of Colorado,has agreed to pay the fair market value of the Easement, and to construct the Easement
at a time and in a manner that will minimize the impacts of the construction on play at the Golf
Course; and
WHEREAS, in order to authorize the Developer's construction activities on City property
and to provide for the various conditions and requirements associated with such construction, a
temporary construction easement, described on the attached Exhibit "B," must be granted to the
Developer; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned by the City, provided the Council first
finds by ordinance that any sale or disposition of real property owned by the City is in the best
interests of the City of Fort Collins; and
WHEREAS, the City Golf Board, at its May 15, 1996, regular meeting, unanimously
approved the granting of the Easement, and recommended the same to the Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance of the non-exclusive Easements under and through the
Property is in the best interest of the City of Fort Collins.
Section 2. That the City Manager is hereby authorized to execute an Easement
Agreement conveying a non-exclusive easement, as described on Exhibit"A", attached hereto and
incorporated herein by this reference, to South Fort Collins Sanitation District, which Easement
Agreement shall require a payment to the City for the Easement, based upon its fair market value.
Section 3. That the City Manager is hereby authorized to execute an Easement
Agreement conveying a non-exclusive temporary construction easement, as described on Exhibit
"B", attached hereto and incorporated herein by this reference to Huntington Hills, L.L.C., of
Colorado, which Easement Agreement shall require a payment to the City based on the associated
fair market value and related costs.
Introduced, considered favorably on first reading, and ordered published this 21 t-day of
October, A.D. 1997, and to be presented for final passage on the 4t4 h-day;o=Novemb2r-,7_A�JD 997.
ayor l
ATTEST: /
1". -_� ."- .
City Clerk
Passed and adopted on final reading this 4th day of November,/Ab. 1997.
i`
Mayor
�s
ATTEST:
City Clerk
OCT-07-97 TUE 13:47 OSBORN&BLOMDARROUGH -AX NO, 9704842620 P, 01
j!jeerirtg,Ltd.
1� 2620 East Prospect Rd, Suite 190
Fort Collins,Colorado 80,523
(970)491-9888• FAX(976)491-9984
www-peng.com
EXHIBIT "All
1 of 2
LEGAL bESCRIMON#1
SOUTH FORT COLLINS SANITATION DISTRICT EASEMENT
A 50.00 FOOT.WIDE SANITARY SEWER EASEMENT OVER AND ACROSS A PORTION OF THE
NORTHWEST ONE.Q[IARTER OF SECTION 7,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6 TH P.M.,
COUNTY OF LARIMER,STATE OF COLORADO,BEING 25.00 FEETONEACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE;
BASIS OF BEARINGS:THE.EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12,BEING
MONUMENTED AT THE SOUTHEAST CORNER BY A 3 1/4" ALUMINUM CAP,LS 12374,IN A RANGE
BOX AND AT THE NORTHEAST CORNER BY A.3 1/4"ALUMINUM CAP,LS 20123, IN A RANGE BOX
WITH A BEARING BETWEEN ASSUMED TO BEAR S00`03'43"W.
BEGINNING AT A POINT WHICH BEARS N73'22'14"E A DISTANCE OF 1155.85 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 12;THENCE ALONG SAID CENTERLINE OF SAID 50.00 FOOT
EASEMENT N8.000614I"W A DISTANCE OF 236.66 FEET;THENCE N16050'14"W A DISTANCE OF 162.69
FEET;THENCE N66 3327"W A DISTANCE OF 121.51 FEET;THENCENI2'26'06"W A DISTANCE OF
129.11 FEET;THENCE N45°32'56"W A DISTANCE OF 210.85 FEET;THENCE N57'36'45"W A DISTANCE
OF 363.77 FEET;THENCE NI4P38'30"W A DISTANCE OF 350.32 FEET;THENCE N76°06'1 I"W A
DISTANCE OF 110.88 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF LEMAy AVENUE
AND THE.POINT.OF TERMINUS,FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION.12
BEARS NO2.14'31"W A DISTANCE OF 1243-86 FEET,THE SIDE LINES OF SAID 50.00 FOOT EASEMENT
TO BE EXTENDED OR SHORTENED TO END ON THE EASTERLY LINE OF SAID LEMAY AVENUE.
CONTAINING A CALCULATED AREA OF 91,288 SQUARE FEET OR 1.866 ACRES,MORE OR LESS.
I FGAI DESCRIPTION STATEMEN
1.RICHARD W.PALS,A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED DRAWING WERE PREPARED BY ME OR UNDER MY DIRECT
RVISION,AND ON THE BASIS OF MY K ORIviATION
AND BELIEF,IS CORRECT. �pPp4 G�lF
''NAtr• 9
r` �97
RIC RD W.PALS,REGISTERED LAN)) " zVEY R E.Q:
COLORADO N0.31938
FOR AND ON BEHALF OF`.IR ENGINEE `
"'yAL LRNOS
XA9018121W YDpCS112ESMTl.LGL
4935 North 3tOth Street 6020 Greenwood plaza Blvd.
Colorado Spring$;Colnrado 80919 704 Fortino Blvd.west
(303)•FAX 7 Englewood,ColoradaFA111
( 19)528.6673 (303)740-9393,•FAX(303)721-9019 Pueblo,Colorado$1008
(719)5g3-2575• FAX(719)593-8119
OCT-07-97 TUE 13:49 OSKRN&LOOM;DRRROLGF N0. 9704842620 P, 03
JREngineering, Ltd.
2620 Fast Prospect Rd. Suite 190
Fort Collins,Colorado 80525
(970)491-9588 .FAX(970)491-9984
www.jreng.cam
EXHIBIT "Al
2 of 2
LEGAL DESCRIPTION#3'
SOUTH FORT COLLINS SANITATION DISTRICT
A 56.00 FOOT WIDE SANITARY SEWER EASEMENT OVER AND ACROSS A PORTION OF THE
NORTHEAST ONE-QUARTER OF SECTION 12,TOWNSHIP 6 NORTT4,RANGE 69 WEST OF THE 6TH
P.M.,COUNTY OF LARIMER,STATE OF COLORADO,BEING 25.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BASIS OF BEARINGS:THE EAST LINE OF THE NORTHEASTQUARTER OF SAID SECTION 12;BEING
MONUMENTED AT THE SOUTHEAST CORNER BY A 3 1/4"ALUMB.TIiM CAP,LS 12374,:1N A RANGE
BOX AND AT THE NORTHEAST CORNER BY A 3 1/4"ALUMINUM CAP,.LS 20123,IN A RANGE BOX
WITH A BEARING BETWEEN ASSUMED TO BEAR S00"03'43"W.
BEGINNING AT A POINT WHICH BEARS NO2-02'46"W A DISTANCE OF 1359,17 FEET FROM THESOUTHEAST CORNER OF SAID SECTION 12,SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY
LINE OF LEMAY AVENUE,THENCE ALONG SAID CENTERLINE OF SAID 50.00 FOOT EASEMENT
N90900'00"W A DISTANCE OF 53.80 FEET;THENCE N00000'00"E A DISTANCE OF 222.94 FEET;THENCE
N00000'40"E A DISTANCE OF 355.20 FEET TO A POINT ON THE NORTHEASTERLY LINE OF FOSSIL
CREEK COMMUNITY PARK,AND THE POINT OF TERMINUS,FROM WHENCE THE NORTHEAST
CORNER OF SAID SECTION 12 BEARS N09°03'48"E A DISTANCE OF 666.99 FEET,THE SIDE LINES OF
SAID 50.00 FOOT EASEMENT TO BE EXTENDED OR SHORTENED TO BEGIN ON SAID WEST RIGHT-
OF-WAY LINE OF LEMAY AVENUE AND END ON THE NORTHEASTERLY LINT:OF SAID FOSSIL
CREEK COMMUNITY PART{..
CONTAINING A CALCULATED AREA OF 31,597 SQUARE FEET OR 0.725 ACRES,MORE OR LESS.
LEGAL DESCgIpTTQNSTAMMF*IT
I, RICHARD W.PALS,A REGISTERED LAND SURVEYOR I'ri THE STATE OF
COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED DRAWING WERE PREPARED BY ME OR
SUPERVISION,AND ON THE BASIS OF MY KNO DIRECT
BELIEF,IS CO ? 'TION
W.PALS,REGISTERED LAND SUR iQ 39938q
COL. DO NO. 31938 $'
dS ••... ..••:.
FOR AND ON BEHALF OF JR ENGINEERING,L LA14�
X:190l212CWPD0CS1128S1vP3.LGL
49o.North g Col rado (i020 Greenwood Plaza Fi1vd.
Colorado Springs,Colorado Bo91.9 704 Fortmo Blvd,weal.(719)593-2393•FAX(719)52"613 ngk� ood,.Colorado 3011I
(3(A3)740-9393•FAX Pueblo,Colorado 81003
(S03)727-9019 -:(719)533-25575•FAX(719)583-S119
007-07-97 TUE 13,48 OSBORN&BLOOM;DARROUGH SAX NO, 9704842620 P, 02
JR
En—_��g, Ltd.
2620 East Prospect lid. Suite 190
Fort Collins,Colorado 80,925
(970)491-9888 •FAX(970)491-9984
www jrens.com
EXHIBIT "B
1of3
LEGAL DESCRIPTION#2
TEMPORARY CONSTRUMON EASEMENT
A 50.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A PORTION OF
THE NORTHWEST ONE-QUARTER OF SECTION 7,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE.6TH
P.M.,COUNTY.OF LARIIvIER,STATE OF COL.ORADO,BEING 25.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE
BASIS OF BEARINGS:THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12.BEING
MONUMLNTED AT THE SOUTHEAST CORNER BY A 3 1/4"ALUMINUM CAP,LS 123.74,IN A RANGE
BOX AND AT THE NORTHEAST CORNER BY A 3 1/4"ALUMINUM CAP,LS 20123,IN A RANGE BOX
WITH A BEARING BETWEEN.ASSUMED TO BEAR S00'03'43"W.
BEGINNING AT A POINT W141CH BEARS N75037'51"E A DISTANCE OF 1134.41 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 12;THENCE ALONG SAID CENTERLINE OF SAID 50-00 FOOT
EASEMENT N80"06'41"W A DISTANCE OF 267.46 FEET;THENCE N 1605014"W A DISTANCE OF 110,32
FEET;THENCE N66033'27"W A DISTANCE OF 123.88 FEET;THENCE N 12026'06"W A DISTANCE OF
139.79 FEET;THENCE N45032'56"W A DISTANCE OF 190-70'FEET;THENCE N5.7036'45"W A DISTANCE
OF 3-78,16 FEET;THENCE N14°38'30"W A DISTANCE OF 340.28 FEET;THENCE N76`06'1 I"W A
DISTANCE OF 68.84 FEET TO A POINT,ON THE EASTERLY RIGHT OF WAY LINE OF LEMAY AVENUE
AND THE POINT OF TERMINUS,FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION 12
BEARS NO2°09'01"W A DISTANCE OF 1295.31 FEET,THE SIDE LINES OF SAID 50.00 FOOT EASEMENT
TO BE EXTENDED OR SHORTENED TO END ON THE EASTERLY LINE OF SAID LEMAY AVENUE.
THIS EASEMENT SHALL TERMINATE WHEN THE SANITARY SEWER LINE WITHIN THE:
COINCIDENT
SANITARY SEWER EASEMENT HAS BEEN COMPLETED AND APPROVED BY THE DISTRICT.
CONTAINING A CALCULATED AREA OF 80,972 SQUARE FEET OR 1.859 ACRES,MORE OR LESS.
T GAT E5CR PT7pN SP,fFr�T
I,RICHARD W.PALS,A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED DRAWING WERE PREPARED BY ME OR UNDER MY DIRECT
VISION,AND ON THE BASIS OF MY K FORMATION
ANb BE IEF,IS CORRECT. pfB G/Sl
� .
RICH W.PALS„REGISTERED LAND V YOR $ �; ¢ 25
COLORADO NO.31938
FOR AND ON BEHALF OF JR ENGINEERTN F AL IANa`'JQa��
X:19018121WpppCBU 2ESNM.LGL
4935 North 30th Street (0R0 Greenwood Pl.1za Sivd.
Colorado springy,Colorado 80919 704 Fortino Blvd West
(719)593_2.993•FAX(719)52"613 81ewood,Colorado 80111
(303)740-9393•FAX(.903)721-9019 Pueblo.Colorado 91008
(7I9)3t13-2575•FAX(719),8,-Lglq
OCT-07-97 TUE 13:49 OSBORN&BLOOMARROUGH FAX NO. 9704842620 P. 04
JREngineering, Ltd.
2620 East Prospect Rd: Suite 190
Fort Collins,Colorado 80525
(970)491-9888 0 FAX(970)491-9984
www.jreng.corzt
EXHIBIT "B"
2of3
LEGAL DESCRIPTION#4
TEMPORARY CONSTRUCTION EASEMENT
A 50.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A PORTION OF
THE NORTHEAST ONE-QUARTER OF SECTION 12,TOWNS111P 6 NORTH,RANGE 69 WEST OF THE 6TH
P.M.,COUNTY OF LARIMER,STATE OF COLORADO,BEING 25.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BASIS OF BEARINGS:THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12,BEING
MONUMENTED AT THE.SOUTHEAST CORNER BY A 3 114"ALUMINUM CAP,LS 12374,.IN A RANGE
BOX AND AT THE NORTHEAST CORNER BY A 3 1/4"ALUMINUM CAP,LS 20123,IN A RANGE BOX
WITH A BEARING BETWEEN ASSUMED TO BEAR S00°03'43"W.
BEGINNING AT.A POINT WIBCH BEARS N02007'36"W A DISTANCE OF 1309.21 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTrON 12;SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY
LINE OF LEMAY AVENUE;THENCE ALONG SAID CENTERLINE OF SAID 50-00'FOOT EASEMENT
N90000'00"W A DISTANCE OF I O:)J5 FEET;THENCE N00-00'00"E A DISTANCE OF 272.95 FEET;
THENCE N00000'40"E A DISTANCE OF 384.60 FEET TO A POINT ON THE NORTHEASTERLY LINE OF
FOSSIL CREEK COMMUNITY PARK AND THE POINT OF TERMINUS,FROM WHENCE THE
NORTHEAST CORNER OF SAID SECTION 12 BEARS N13050'36"E A DISTANCE OF 648.08 FEET,THE
SIDE LINES OF SAID 50.00 FOOT EASEMENT TO BE EXTENDED OR SHORTENED TO BEGIN ON SAID
WEST.RIGHTOF-WAY LINE OF LEMAY AVENUE AND END ON THE.NORTHEASTERLY OF SAID
FOSSIL CREEK COMMUNITY PARK: THIS EASEMENT S14ALL TERMINATE WHEN THE SANITARY
SEWER LINE WITHIN THE COINCIDENT SANITARY SEWER EASEMENT HAS BEEN COMPLETED AND
APPROVED BY THE DISTRICT.
CONTAINING A CALCULATED AREA OF 38,052 SQUARE FEET OR 0.874 ACRES,MORE OR LESS.
LEGAL DEsCRIPTTow STATFMENT
1,RICHARD W.PALS,A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED DRAWING WERE PREPARED BY ME DIRECT
SUPERVISION,AND ON THE BASIS OF MY h� NATION
ZANDBF,IS CORREWAC.� 31938W.PALS,REGISTERED LAND S
COLORADO NO.31438 FAR a E
FOR AND ON 13EHALF OF JR ENGINEERING, L ss�NAt LAR�SJ¢
v'\901812\W PDGC5112ESMF4.LG L
4933 North 30th Sn%-Lt 6020 Grtcnwood rlaz 81vd. ,Colorado SFrinp,Colorado 80919 704 Fortino Blvd.West
(719)5�2593•FAX(719)528-6613 Englewood,Colorado 80111 Pueblo,Colorado 811N18
(-iO3)7�0-9393 r FAX(303)721-9019 (719)SS9-2575•FAX 719( )5S3-Ru19
OCT-08-97 WED 10;09 OSBORN&BLOOM;DRRROUGH - itX NO, 9704842620 P. 01
JREngineering, Ltd.
2620 East Prospect Rd. Su;.e 790
Fort Collins,Colorado 80525
(970)491-9888• FAX(970)491-9984
www.jreng.corn
EXHIBIT "B"
3of3
LEGAL DESCRIPTION#8
TEMPORARY CONSTRUCTION EASEMENT
A%00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A PORTION OF
THE NORTHEAST ONE-QUARTER OF SECTION 12,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH
P.M.,COUNTY OF LARIMER,STATE OF COLORADO, BEING 25.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
I
BASIS OF BEARINGS THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12.BEING
MONUMENTED AT THE SOUTHEAST CORNER BY A 3 1/4"ALUMINUM CAP, LS 12374,IN A RANGE
BOX AND AT THE NORTHEAST CORNER BY A 3 1/4"ALUMINUM CAP,LS 20123,IN A RANGE BOX
WITH A BEARING BETWEEN ASSUMED TO BEAR S00003'43"W.
BEGINNING AT A POINT WHICH BEARS N246 I6'02"W A DISTANCE OF 2762.42 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 12;THENCE ALONG SAID CENTERLINE OF SAID 50-00 FOOT
EASEMENT N69°15'34"W A DISTANCE OF 43.33 FEET;THENCE NM9 25"W A DISTANCE OF 396.09
FEET TO A POINT ON THE WESTERLY LINE OF FOSSIL CREEK COMMUNITY PARK AND TITS POINT
OF TERMINUS,FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION 12 BEARS N87058'39"E
A DISTANCE OF 1575.70 FEET,THE SIDE LINES OF SAID 50.00 FOOT EASEMENT TO BE EXTENDED
OR SHORTENED TO BEGIN ON THE NORTHEASTERLY LLNE OF SAID FOSSIL CREEK COMMUNITY
PARK AND TO END ON THE WESTERLY LINE OF SAID FOSSIL CREEK COMMUNITY PARK THIS
EASEMENT SHALL TERMINATE WHEN THE SANITARY SEWER LINE WITHIN THE COINCIDENT
SANITARY SEWER EASEMENT HAS BEEN COMPLETED AND APPROVED BY THE DISTRICT.
CONTAINING A CALCULATED AREA OF 21,971 SQUARE FEET OR 0.504 ACRES,MORE OR LESS-
LEGALDESCRIPTION STATEMENT
I,RICHARD W-PALS,A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED DRAWING WERE PREPARED BY ME OR UNDER MY DIRECT
SUPERVISION,AND ON THE BASIS OF MY KNOWL TION
AND ELIEF,IS CO EGIS
�a"D p`NAL1' TF
RIC W_PALS,REGISTERED LAND SUR 3199h "
COLORADO NO.31938 �s
FOR AND ON BEHATY OF IR F.NGTNFFRING,LTD `djONa�LAKOe�J
XA901812w PDOCSI I2ESN1T8.[.GL
493b North 3Uth Street 6020 Greenwood Plaza Blvd 704 Fortino Blvd.WcM
Colorado Springs,Colorado 60919 Englewood,Colorado 80111 Pueblo,Colorado 81008
(719)593.2593• FAX(719)528-Ml.-, MS)740-9393 •FAX(303)7-1-9019 (719)583-2575- FAX(719)583.8119